Agenda item ___________
LICENSING AND APPEALS COMMITTEE
Minutes of a meeting of the Licensing and Appeals Committee held at 10.00 am on 24
September 2012 in the Council Chamber, Council Offices, Holt Road, Cromer.
Members Present:
Mrs A Claussen-Reynolds
Mrs P Grove-Jones
Mr P W High
Miss B Palmer
Mr R Price (Chairman)
Mr R Reynolds
Mr R Shepherd
Mr B Smith
Mrs A C Sweeney
Mrs H Thompson
Mr J Wyatt
Officers in attendance:
The Licensing Manager, the Head of Legal and the Democratic
Services Officer (AA).
10
APOLOGIES FOR ABSENCE
None received.
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PUBLIC QUESTIONS
None received.
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MINUTES
The minutes of the meetings of the Licensing and Appeals Committee held on 21
May 2012 and also the minutes of the meetings of the Licensing Sub-Committees
held on 30 May, 20 June, 18 July and 21 August 2012 were approved as correct
records and signed by the Chairman.
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ITEMS OF URGENT BUSINESS
None.
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DECLARATIONS OF INTEREST
None received.
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CHANGES TO THE LAW AFFECTING SALE OF ALCOHOL AND
ENTERTAINMENT LICENSING AND OTHER TOPICAL ISSUES
The Licensing Manager presented the report and explained the key changes which
would come into force on 1 October 2012 for Live Music and Premises Licences, and
on 31 October 2012 in respect of a Late Night Levy. Some regulations were yet to be
made. Statutory guidance was due out in about 5-6 weeks but no authority was clear
on the details. Certain areas would be unregulated and there would be other grey
areas until the guidance came out. All relevant premises were licensed in North
Norfolk. The new legislation related to smaller premises. The Licensing Manager
suggested that Members await statutory guidance on the interpretation of the law
before making any comment.
Licensing and Appeals Committee
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24 September 2012
The Chairman asked to record the Committee’s concern that the Council had
received notification of the changes in the law, without clarification of their
implications, only a few weeks before coming into force.
The Licensing Manager confirmed that in the case of live music and premises
licences, larger premises (with a capacity of greater than 200) would still need to go
through the full application process. Also, smaller premises seeking to do something
larger (eg an event in a marquee) would also need to apply. Historically, licences
showed the permitted number of people on the licence. Exemption in the new
legislation referred to audiences only of up to 200 and not the whole number of
people who may be present elsewhere in the building. This may exempt some
venues, for example village halls, from requiring a licence. The onus would be on the
person claiming the exemption in larger venues to prove that there was an audience
less than 200 people.
The Licensing Manager answered Members questions and added that hopefully all
the new legislation would be clarified in a few weeks.
The Chairman suggested that a letter be written to all establishments regarding the
change in law and to say that whilst conditions on their licences were unenforceable
up to 11pm, in order to protect the interests of local residents, it was hoped that
licencees would stick to the conditions on their licence. The Licensing Manager
responded that whilst the Council was not obliged to do so, it would be good practice.
RESOLVED
That a letter be written to licence holders informing them of changes to the law
affecting the sale of alcohol and entertainment licensing.
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REGULATION OF COSMETIC PIERCING AND SKIN-COLOURING BUSINESSES
Members considered the report which proposed that the Council adopt legislation
that facilitated regulation of cosmetic piercing and semi-permanent skin-colouring
businesses. This would provide for greater protection of the public from risks
associated with these techniques including blood-borne viruses such as HIV,
hepatitis B and hepatitis C. Adoption of the provisions would bring these businesses
into line with existing regulated cosmetic treatments (such as electrolysis,
acupuncture and tattooing) requiring person carrying on such businesses to register
themselves and their premises and in compliance with byelaws in respect of matters
related to the cleanliness and hygiene of such businesses. By adopting the new
provisions, the Council would enable tighter control of businesses performing
cosmetic piercing and semi-permanent skin-colouring. This would ensure that they
maintained high standards of public health and safety, therefore contributing to a
safer and healthy North Norfolk.
RECOMMENDED to Full Council
To adopt provisions under the Local Government (Miscellaneous Provision) Act 1982
as amended to regulate additional treatments namely cosmetic piercing and semipermanent skin-colouring and to recommend to Full Council for approval including:
•
Adoption and authorisation of new bye-laws subject to any consultation
responses received;
Licensing and Appeals Committee
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24 September 2012
•
•
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A resolution authorising the affixing of the common seal to the bye-laws; and
Authorising the Head of Legal to carry out the necessary procedure and apply
to the Secretary of State for confirmation.
TO RECEIVE UPDATES ON MEMBERS TASK AND FINISH GROUPS
Hackney Carriage and Private Hire
The Chairman informed Members that the Taxi Forum had been reinstated. Its first
meeting had decided on terms of reference. The next meeting, tomorrow, would
decide which representatives there would be from taxi licencees. Recommendations
from the Forum would be made to the Taxi Working Group. They would invite
representatives from the taxi licensing trade to join in. The new taxi handbook was in
operation and a newer one was in progress.
Alternative Trading
Charitable Collections and Lotteries
Officers had not called meetings for these two groups because of resourcing issues.
It was hoped that it would be possible to make progress soon. The Chairman
suggested that a meeting with the Leader Portfolio Holder, the Licensing Manager
and himself could look at the budget and decide how to make the best use of time.
The meeting closed at 11.05am.
_____________________
Chairman
Licensing and Appeals Committee
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24 September 2012